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SCO, IBM battle heats up

 
 
harry
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      11-12-2003
http://zdnet.com.com/2100-1104_2-5106450.html
Subpoenas are flying in the high-profile lawsuit between the SCO Group and
IBM, as both companies try to buttress their legal claims by turning to
third parties for information.
SCO said Wednesday that it has filed subpoenas with the U.S. District Court
in Utah, targeting six different individuals or organizations. Those include
Novell; Linus Torvalds, creator of the Linux kernel; Richard Stallman of the
Free Software Foundation; Stewart Cohen, chief executive of the Open Source
Development Labs; and John Horsley, general counsel of Transmeta.


 
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steve
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      11-13-2003
harry allegedly said:

> http://zdnet.com.com/2100-1104_2-5106450.html
> Subpoenas are flying in the high-profile lawsuit between the SCO Group and
> IBM, as both companies try to buttress their legal claims by turning to
> third parties for information.
> SCO said Wednesday that it has filed subpoenas with the U.S. District
> Court in Utah, targeting six different individuals or organizations. Those
> include Novell; Linus Torvalds, creator of the Linux kernel; Richard
> Stallman of the Free Software Foundation; Stewart Cohen, chief executive
> of the Open Source Development Labs; and John Horsley, general counsel of
> Transmeta.


Good. Let's grease SCO up and fry them till they're tender.

--
Best Regards,
Steve Withers
defenestrate: The act of throwing Windows out the window and replacing it on
your PC with some other operating system.


 
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Gib Bogle
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      11-13-2003
steve wrote:

> harry allegedly said:
>
>
>>http://zdnet.com.com/2100-1104_2-5106450.html
>>Subpoenas are flying in the high-profile lawsuit between the SCO Group and
>>IBM, as both companies try to buttress their legal claims by turning to
>>third parties for information.
>>SCO said Wednesday that it has filed subpoenas with the U.S. District
>>Court in Utah, targeting six different individuals or organizations. Those
>>include Novell; Linus Torvalds, creator of the Linux kernel; Richard
>>Stallman of the Free Software Foundation; Stewart Cohen, chief executive
>>of the Open Source Development Labs; and John Horsley, general counsel of
>>Transmeta.

>
>
> Good. Let's grease SCO up and fry them till they're tender.


I wish I shared your confidence. With the bunch of crooks running
things in the USA at the moment anything is possible.

Gib

 
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Evil Bastard
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      11-13-2003
On Thu, 13 Nov 2003 18:34:09 +1300, Gib Bogle wrote:

>>>http://zdnet.com.com/2100-1104_2-5106450.html
>>>Subpoenas are flying in the high-profile lawsuit between the SCO Group and
>>>IBM, as both companies try to buttress their legal claims by turning to
>>>third parties for information.
>>>SCO said Wednesday that it has filed subpoenas with the U.S. District
>>>Court in Utah, targeting six different individuals or organizations. Those
>>>include Novell; Linus Torvalds, creator of the Linux kernel; Richard
>>>Stallman of the Free Software Foundation; Stewart Cohen, chief executive
>>>of the Open Source Development Labs; and John Horsley, general counsel of
>>>Transmeta.


> I wish I shared your confidence. With the bunch of crooks running
> things in the USA at the moment anything is possible.


What's especially significant is that this is the first real test case for
the legitimacy and enforceability of the GNU General Public License (GPL).

Any judicial annulment of the GPL would cause all manner of hell to
break loose.

For one thing, the vibrancy of the global open source movement would be
dampened, as developers become more reluctant to contribute code to the
public common. Who will want to sweat over their code if they know that
any corporation can nick it and repackage it without recompense?

For another thing, I can see all manner of infringement actions brought by
corporates against independent developers, and frustrating defense
discovery attempts by citing 'sensitivity of proprietary code'.

There are more ambulance-chasers currently enrolled in US universities
than there are in present practice - I can just imagine them all
salivating at the prospects of decades of premium-paying IP litigation.

If SCO wins this, then the overall costs of doing business, with added
multipliers, will grow for every sector. It MUST NOT happen!

This is war, folks. Given the growing ubiquity of the internet and IT in
daily life, the outcome of this will have a permanent shaping effect on
countless computer- and non-computing-related aspects of life.

Stay tuned. Perhaps find one of those adventurous British bookies and lay
a bet. My money's going on IBM/GPL/open-source.

Cheers
EB

 
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Peter
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      11-13-2003
Evil Bastard wrote:
>
> Any judicial annulment of the GPL would cause all manner of hell to
> break loose.


quite
some guy over here looked at what it would mean for US dept of defence, and
life without open source isn't a pretty prospect ...
http://www.groklaw.net/article.php?s...31108223401961


Peter

 
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steve
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      11-13-2003
Gib Bogle allegedly said:

> steve wrote:
>
>> harry allegedly said:
>>
>>
>>>http://zdnet.com.com/2100-1104_2-5106450.html
>>>Subpoenas are flying in the high-profile lawsuit between the SCO Group
>>>and IBM, as both companies try to buttress their legal claims by turning
>>>to third parties for information.
>>>SCO said Wednesday that it has filed subpoenas with the U.S. District
>>>Court in Utah, targeting six different individuals or organizations.
>>>Those include Novell; Linus Torvalds, creator of the Linux kernel;
>>>Richard Stallman of the Free Software Foundation; Stewart Cohen, chief
>>>executive of the Open Source Development Labs; and John Horsley, general
>>>counsel of Transmeta.

>>
>>
>> Good. Let's grease SCO up and fry them till they're tender.

>
> I wish I shared your confidence. With the bunch of crooks running
> things in the USA at the moment anything is possible.
>
> Gib


True....though IBM is pretty bid, too.

--
Best Regards,
Steve Withers
defenestrate: The act of throwing Windows out the window and replacing it on
your PC with some other operating system.


 
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steve
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      11-13-2003
Evil Bastard allegedly said:

> Any judicial annulment of the GPL would cause all manner of hell to
> break loose.
>
> For one thing, the vibrancy of the global open source movement would be
> dampened, as developers become more reluctant to contribute code to the
> public common. Who will want to sweat over their code if they know that
> any corporation can nick it and repackage it without recompense?


The GPL makes such perfect good sense that any court which annulled it would
have to be a corrupt court.

GPL is essentially barter.

My work for any work you might do on condition you share it with everyone as
I have done.

How can that be illegal?

I think it would be time for civil disobedience. Seriously.

But in a "geek" way.

--
Best Regards,
Steve Withers
defenestrate: The act of throwing Windows out the window and replacing it on
your PC with some other operating system.


 
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Matthew Poole
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      11-13-2003
In article <pan.2003.11.13.07.35.48.998777@127.0.0.1>, Evil Bastard <postmaster@127.0.0.1> wrote:
>On Thu, 13 Nov 2003 18:34:09 +1300, Gib Bogle wrote:

*SNIP*
>What's especially significant is that this is the first real test case for
>the legitimacy and enforceability of the GNU General Public License (GPL).
>

Ah, but it's not. The MySQL (I can't remember who the defendant was)
case went to court and the GPL was upheld. The legality of the GPL was
never questioned. The defendant got their arse handed to them, with
nary a murmur from the judge that the GPL wasn't worth the bits it's
made from.

>Any judicial annulment of the GPL would cause all manner of hell to
>break loose.
>

*SNIP*

Is that even possible? The GPL is a contract, and for contracts to be
overturned in court they must be shown to be coercive or excessively
restrictive upon one party - The GPL is not open to negotiation of
terms, which does leave it open to charges of excessive restriction.
While one could argue that the modification release requirements are
restrictive, the GPL is also a contract which involves no purchase and
this also makes it very hard to argue that the conditions are
restrictive - You got it for free, nobody forced it upon you, so you
can't claim that you didn't know what you were getting into.

--
Matthew Poole Auckland, New Zealand
"Veni, vidi, velcro...
I came, I saw, I stuck around"

My real e-mail is mattATp00leDOTnet
 
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Matthew Poole
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      11-13-2003
In article <bp0jjt$i0j$(E-Mail Removed)>, http://www.velocityreviews.com/forums/(E-Mail Removed) (Matthew Poole) wrote:
>In article <pan.2003.11.13.07.35.48.998777@127.0.0.1>, Evil Bastard
> <postmaster@127.0.0.1> wrote:

*SNIP*
>Ah, but it's not. The MySQL (I can't remember who the defendant was)

*SNIP*

MySQL AB vs NuSphere, in the Federal District Court at Boston, MA, in
early-mid 2002.

--
Matthew Poole Auckland, New Zealand
"Veni, vidi, velcro...
I came, I saw, I stuck around"

My real e-mail is mattATp00leDOTnet
 
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Lennier
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      11-15-2003
On Fri, 14 Nov 2003 01:04:26 +1300, steve wrote:

> My work for any work you might do on condition you share it with everyone
> as I have done.
>
> How can that be illegal?


It's not illegal - merely inconvenient, so to speak, for large
corporations seeking to exploit the work of others.

Lennier

 
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